UKWIN member SWARD has issued the following press release regarding their appeal against the high court ruling in relation to an incinerator ash landfill site:
Campaign group SWARD (Safety in Waste and Rubbish disposal) is taking its case back to the Royal Courts Of Justice in an appeal against last week’s judgement. Justice Mackie turned down their application for a judicial review of Gloucestershire County Council’s granting 20 more years planning consent at Wingmoor Farm waste site.
Lawyers at Richard Buxton Environmental and public Law lodged the appeal. They believe the judge erred in his decision regarding the way SWARD’s scientific evidence had been considered by the council.
SWARD spokeswoman Barbara Farmer said: “This appeal is significant not just for our case, but for community groups throughout the country who present scientific evidence in planning cases. ”
SWARD’s legal team also believe that the judgement was unfair in failing to treat the site as if it had been restored to “greenfield” land. The original planning consent ran out in May 2009 and the site should have been restored by December 2009. SWARD have always argued that developers have the advantage if councillors are led to accept that a waste operation must continue because it is already there.
“How can the community hope to protect the greenbelt if restoration conditions are meaningless? Establishing the law in this case is vital in preventing large companies simply ruining an area then using that as the basis for gaining further development.”
“We are determined to see justice done for the 15,000 people who live within 3 km of the Wingmoor Farm site. It is now, always has been and always will be the wrong place for a hazardous waste operation.”